AMPPS EULA END-USER LICENSE AGREEMENT
IMPORTANT: THE AMPPS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND SOFTACULOUS LTD. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE "AMPPS" SUPPLIED BY SOFTACULOUS LTD. HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
02. Pricing and Term Agreement
The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on the respective Softaculous web site. The license fees paid by you are paid in consideration of the license granted under this Agreement.
The pricing structure may be changed at any time. Price changes do not affect existing licenses. The new rates will be applicable to the existing licenses when the license is renewed. If you have received a License without paying for the same, Softaculous will still have the right to change the pricing structure and modify the TERM of the license. Such a change in the pricing structure and / or TERM will be only for future (from the day such a change is made in the pricing structure and / or TERM) use of the Software. Such a notice will be put up on the AMPPS website. Other than the notice on the Website, no other notice may be given in any other form.
03. License Grants
The licenses granted in this Section 3 are subject to the terms and conditions set forth in this EULA:
04. License Restrictions
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
06. Ownership of Intellectual Property
You acknowledge that the Software and the Documentation are proprietary to Softaculous, and the Software and Documentation are protected under the Indian copyright law and international treaties. You further acknowledge and agree that, as between you and Softaculous, Softaculous owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that Softaculous uses in connection with the Software or with services rendered by Softaculous are marks owned by Softaculous. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
07. Term and Termination
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS," AND SOFTACULOUS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORISED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, SOFTACULOUS EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
09. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SOFTACULOUS OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS BY CUSTOMER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, BREACH OF ANY INTELLECTUAL PROPERTY RIGHT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY INCURRED IN ANY ACTION OR PROCEEDING BY SOFTACULOUS OR ITS AUTHORIZED REPRESENTATIVE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC LICENSED SOFTWARE THAT DIRECTLY CAUSED THE DAMAGE.
You will, at your own expense, indemnify and hold Softaculous and each of its shareholders, affiliates, officers, directors, employees, agents, successors, assigns, partners, sub-licensors, distributors and resellers (collectively, the "Indemnified Parties") harmless from any and all loss, liability, damage or deficiency (including interest, penalties, costs of preparation and investigation, and reasonable attorneys" fees) that the Indemnified Parties may suffer, sustain, incur or become subject to, arising out of any use of the Software by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorised by this Agreement.
12. Basis of Bargain
The Limited Warranty and Disclaimer, Limited Liability and Indemnification set forth above are fundamental elements of the basis of the agreement between Softaculous and you. Softaculous would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Limited Liability and Indemnification inure to the benefit of Softaculous.
13. Third-Party Software
The Software may contain third-party software which requires notices and/or additional terms and conditions. Such required third-party software notices and/or additional terms and conditions are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
Softaculous and other trademarks contained in the Software are trademarks or registered trademarks of Softaculous Ltd. in India and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Softaculous' or its sub-licensors' names or any of their respective trademarks.